Pollmann v Ye: Negligence & Contributory Negligence in Cycling Accident
In Pollmann, Christian Joachim v Ye Xianrong, the Singapore High Court heard a case regarding a cycling accident. The plaintiff, Christian Joachim Pollmann, was injured when the defendant, Ye Xianrong, collided with him while driving. The defendant admitted negligence but claimed contributory negligence on the part of the plaintiff. Justice Vinodh Coomaraswamy ruled in favor of the plaintiff, finding the defendant 100% liable for the plaintiff's injuries and rejecting the contributory negligence defense. The court's decision was delivered on October 2, 2017.
1. Case Overview
1.1 Court
High Court of Singapore1.2 Outcome
Judgment for Plaintiff
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Singapore High Court case involving a cyclist injured by a negligent driver. Court found the driver 100% liable, rejecting contributory negligence claims.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Ye Xianrong | Defendant | Individual | Defendant is 100% liable for the plaintiff’s injuries | Lost | |
| POLLMANN, CHRISTIAN JOACHIM | Plaintiff | Individual | Judgment for Plaintiff | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Vinodh Coomaraswamy | Judge | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Edwina Fan | United Legal Alliance LLC |
| Anne-Marie John | Clifford Law LLP |
| Viviene Sandhu | Clifford Law LLP |
4. Facts
- The plaintiff was cycling along Brickland Road.
- The defendant's car collided into the rear of the plaintiff's bicycle.
- The plaintiff suffered serious injuries as a result of the collision.
- The defendant admitted negligence but claimed contributory negligence.
- The collision occurred near a junction regulated by four-way traffic lights.
- The defendant was charged with a criminal offence under s 338(b) of the Penal Code.
- The defendant pleaded guilty and was convicted of the criminal offence.
5. Formal Citations
- Pollmann, Christian Joachim v Ye Xianrong, Suit No 908 of 2015, [2017] SGHC 229
6. Timeline
| Date | Event |
|---|---|
| Plaintiff was cycling when the defendant’s car collided into the rear of his bicycle. | |
| Statement of Claim | |
| Defence | |
| Johari Bin Samsuri’s AEIC | |
| The traffic police charged the defendant with a criminal offence arising from the collision. | |
| Draft plea in mitigation prepared on defendant's behalf. | |
| Statement of facts agreed with the prosecution. | |
| Sandford Christopher John William’s AEIC | |
| Ye Xianrong’s AEIC | |
| Christian Joachim Pollmann’s AEIC | |
| Grant Johnston’s AEIC | |
| Trial began | |
| Trial continues | |
| Trial continues | |
| Defendant’s Closing Submissions | |
| Plaintiff’s Closing Submissions | |
| Plaintiff’s Reply Submissions | |
| Trial continues | |
| Judgment issued | |
| Reasons set out for judgment |
7. Legal Issues
- Negligence
- Outcome: The court found the defendant negligent in causing the collision.
- Category: Substantive
- Sub-Issues:
- Failure to keep a proper lookout
- Failure to maintain a safe distance
- Contributory Negligence
- Outcome: The court found that the plaintiff did not contribute to his injuries.
- Category: Substantive
- Sub-Issues:
- Failure to take reasonable care
- Swerving into the path of another vehicle
- Failure to keep to the left of the lane
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Law
- Motor Vehicle Accidents
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Kim Anseok and another (personal representatives of the estate of Kim Miseon, deceased) v Shi Sool Hee | High Court | Yes | [2010] SGHC 124 | Singapore | Cited regarding the defence of contributory negligence. |
| Asnah bte Ab Rahman v Li Jianlin | N/A | Yes | [2016] 2 SLR 944 | Singapore | Cited for the doctrine of contributory negligence. |
| Hicks v British Transport Commission | N/A | Yes | [1958] 1 WLR 493 | N/A | Cited regarding the burden of proving contributory negligence. |
| Ng Chee Weng v Lim Jit Ming Bryan and another | Court of Appeal | Yes | [2012] 1 SLR 457 | Singapore | Cited regarding running two inconsistent cases in the alternative. |
| Khoo Bee Keong v Ang Chun Hong and Another | High Court | Yes | [2005] SGHC 128 | Singapore | Cited regarding the utility of expert evidence. |
| Brailsford v Tobie | N/A | Yes | (1888) 10 ALT 194 | N/A | Cited regarding alternative statements of fact. |
13. Applicable Rules
| Rule Name |
|---|
| Road Traffic (Bicycles) Rules (Cap 276, R 3, 1990 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Penal Code (Cap 224, 2008 Rev Ed) | Singapore |
| Evidence Act (Cap 97, 1997 Rev Ed) | Singapore |
| Contributory Negligence and Personal Injuries Act (Cap 54, 2002 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Contributory negligence
- GPS data
- Traffic accident reconstruction
- Lane 3
- Brickland Road
- Blind spot
- Swerving
- Point of impact
- Cadence
- AEIC
15.2 Keywords
- Negligence
- Contributory Negligence
- Cycling Accident
- Singapore High Court
- Personal Injury
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Contributory negligence | 95 |
| Negligence | 90 |
| Personal Injury | 75 |
| Road Traffic Act | 70 |
| Automobile Accidents | 60 |
| Evidence | 50 |
| Civil Procedure | 30 |
16. Subjects
- Tort Law
- Motor Vehicle Accidents
- Civil Litigation